Torts

Question 1

Negligence Per Se - How P Must Prove

Answer 1

Violation of the statute establishes negligence per se—a conclusive presumption of duty and breach of duty;

the plaintiff must then establish causation and damages to complete the prima facie case of negligence.

To prove that the statutory standard applies, the plaintiff must show that:

(1) she is in the class intended to be protected by the statute, and
(2) the statute was designed to prevent the type of harm that occurred